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Search Results for "Divorce suit"

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High Court

Madras High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Wife's Unilateral Departure and False Complaints Constitute Mental Cruelty. The court held that the wife's conduct of leaving the matrimonial home without reasonable cause and filing false criminal complaints against the husband and his family amounts to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

11 Jun 2026

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty. The marriage was...

High Court

Gujarat High Court Allows Husband's Appeal in Muslim Divorce Declaration Case — Mutual Divorce Deed Under Muslim Shariat Recognized as Valid Dissolution of Marriage. Family Court's Dismissal Set Aside as Court Erred in Requiring Formal Divorce Proceedings Under Section 7 of Family Courts Act, 1984 Read with Section 34 of Specific Relief Act, 1963.

12 Mar 2026

The appellant-husband, Jamilbhai Firozbhai Vahora, through his power of attorney holder (his father), filed a First Appeal under Section 19 of the Fam...

High Court

Bombay High Court Dismisses Wife's Appeal in Parsi Matrimonial Suit — Upholds Decree of Restitution of Conjugal Rights. Wife's Allegations of Cruelty and Adultery Not Proved; Husband's Petition for Restitution Allowed Under Section 36 of Parsi Marriage and Divorce Act, 1936.

30 Apr 2024

The case involves a matrimonial dispute between a Parsi couple, Mrs. Shireen Kersi Dubash (appellant/wife) and Mr. Kersi Jai Dubash (respondent/husban...

High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Bombay High Court Allows Second Appeal in Divorce by Mutual Consent Case — Restores Trial Court's Decree Under Section 13B of Hindu Marriage Act, 1955. First Appellate Court Erred in Setting Aside Mutual Consent Divorce After Full Payment of Settlement Amount and Withdrawal of Consent by Wife.

9 Feb 2022

The appellant-husband and respondent-wife were married on 01/02/1998 as per Hindu rites. Disputes arose, leading to the wife filing a suit for restitu...

High Court

Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

29 Jan 2019

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

High Court

Bombay High Court Dismisses Husband's Appeal Against Consent Divorce Terms, Directs Execution of Consent Terms for Divorce by Mutual Consent Under Section 28 of Special Marriage Act, 1954. Husband Cannot Resile from Consent Terms After Wife Agreed to All Conditions Including Withdrawal of Allegations and Acceptance of Maintenance.

15 Oct 2016

The case involves a husband (Suresh Bhandary) who filed an appeal against a Family Court order granting divorce by mutual consent on certain terms. Th...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Hindu Marriage Act Case — Failure to Prove Cruelty or Desertion After Decree of Restitution of Conjugal Rights. Court holds that mere non-compliance with restitution decree does not automatically entitle husband to divorce under Section 13(1-A)(ii) of Hindu Marriage Act, 1955 without proof of additional grounds.

14 Oct 2014

The appellant-husband, Arun Marathe, filed an appeal against the judgment and decree of the Family Court, Aurangabad, dismissing his petition for divo...

High Court

High Court of Bombay at Goa Upholds Exclusion of Counter-Claim for Damages in Divorce Petition Under Law of Divorce. Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.

2 May 2014

The case involves a writ petition filed by Kiru Sadashiv Porob alias Ajit Sadashiv Porob challenging an order dated 25.2.2013 passed by the Senior Civ...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

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